RULING OF THE COURT
This is an application brought under section 3A and 3B of the Appellate Jurisdiction Act and Rules 5(2)(b) and 42 of the Court of Appeal Rules, 2010 for an order:
“staying the judgment and Decree of the superior court issued on 29th of May 2015.....pending the hearing and final determination of the intended appeal.”
The application is supported by the grounds embodied in the application and in the supporting affidavit of John Omo – the Director of Legal Affairs of the applicant. The application is opposed by Adrian Kamotho Njenga – the 1st respondent herein on the grounds contained in his replying affidavit sworn on 14th July 2015. However, the application is supported by the 2nd to 8th respondents.
The occurrence of vacancies in the office of the Chairperson or member of the Board of Communications Authority of Kenya (the applicant herein) is required to be filled in accordance with the procedure set out in section 6B of the Kenya Information and Communications (Amend…